5 Kansas opinions name it 2 courts 1919–1990 0 in the last five years
The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carry v. Homergreen2 sentences1989It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts. [Citation omitted.] And where neither debtor nor creditor exercises this privilege, the court will apply it as justice may suggest (21 R.C.L., 97-100), and this often requires that the payment be applied to the discharge of the earliest items of the account.” See Carry, Executrix v. Homer, 195 Kan. 475, 479 , 407 P.2d 538 (1965); In re Hart’s Transfer & Storage, Inc., 6 Kan. 1989It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts. [Citation omitted.] And where neither debtor nor creditor exercises this privilege, the court will apply it as justice may suggest (21 R.C.L., 97-100), and this often requires that the payment be applied to the discharge of the earliest items of the account.” See Carry, Executrix v. Homer, 195 Kan. 475, 479 , 407 P.2d 538 (1965); In re Hart’s Transfer & Storage, Inc., 6 Kan. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tulsa Professional Collection Services, Inc. v. Pope
green
2 sentences1990Subsequent to Tulsa Collection Services v. Pope, 485 U.S. 478 , we determined that a creditor whose claim against a decedent’s estate was denied under the Kansas nonclaim statute was denied the due process protection of the Fourteenth Amendment to the United States Constitution. 1990Subsequent to Tulsa Collection Services v. Pope, 485 U.S. 478 , we determined that a creditor whose claim against a decedent's estate was denied under the Kansas nonclaim statute was denied the due process protection of the Fourteenth Amendment to the United States Constitution. | 1 | 1990–1990 |
In Re the Bulk Sale of the Inventory, Furniture, Fixtures, Vehicles, & All Other Assets of Hart's Transfer & Storage, Inc.
green
2 sentences1989It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts. [Citation omitted.] And where neither debtor nor creditor exercises this privilege, the court will apply it as justice may suggest (21 R.C.L., 97-100), and this often requires that the payment be applied to the discharge of the earliest items of the account.” See Carry, Executrix v. Homer, 195 Kan. 475, 479 , 407 P.2d 538 (1965); In re Hart’s Transfer & Storage, Inc., 6 Kan. 1989App. 2d 579, 581 , 631 P.2d 258 (1981). | 1 | 1989–1989 |
Mejías Montalvo v. Carrasquillo Martínez
neutral
1 sentence1981It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts.’ ” Neal v. Gideon, 157 Kan. 1, 4 , 138 P.2d 419 (1943), citing from Lumber Co. v. Workman, 105 Kan. 505, 509 , 185 Pac. 288 (1919). | 1 | 1981–1981 |
McCleery-Dudley Lumber Co. v. Workman
green
1 sentence1981It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts.’ ” Neal v. Gideon, 157 Kan. 1, 4 , 138 P.2d 419 (1943), citing from Lumber Co. v. Workman, 105 Kan. 505, 509 , 185 Pac. 288 (1919). | 1 | 1981–1981 |
Neal v. Gideon
green
2 sentences1981It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts.’ ” Neal v. Gideon, 157 Kan. 1, 4 , 138 P.2d 419 (1943), citing from Lumber Co. v. Workman, 105 Kan. 505, 509 , 185 Pac. 288 (1919). 1981It is also the law that when the debtor pays without directing to which of his accounts his payment shall be applied, the creditor has the privilege of applying the sum paid to either of the accounts.’ ” Neal v. Gideon, 157 Kan. 1, 4 , 138 P.2d 419 (1943), citing from Lumber Co. v. Workman, 105 Kan. 505, 509 , 185 Pac. 288 (1919). | 1 | 1981–1981 |
Estate of Schroeder v. Schroeder
neutral
2 sentences1948Notice and an opportunity to be heard are essential to due process of law.” (p. 727.) In the case of In re Estate of Schroeder, 158 Kan. 783 , 150 P. 2d 173 , this court held that an order of the probate court setting apart land as a homestead without notice to a creditor whose claim was pending in that court, was void as to the creditor for lack of notice. 1948Notice and an opportunity to be heard are essential to due process of law.” (p. 727.) In the case of In re Estate of Schroeder, 158 Kan. 783 , 150 P. 2d 173 , this court held that an order of the probate court setting apart land as a homestead without notice to a creditor whose claim was pending in that court, was void as to the creditor for lack of notice. | 1 | 1948–1948 |
King v. Sutton
neutral
1 sentence1919(King v. Sutton, 42 Kan. 600 , 22 Pac. 695 .) And where neither debtor nor creditor exercises this privilege, the court will apply it as justice may suggest (21 R. | 1 | 1919–1919 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.